M.N. Bhandari, J. - (1.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. It is stated that petitioner was granted first bail, however, he could not fulfill the commitment made by him, thus he surrendered and arrested, accordingly this second bail application has been filed. The petitioner is ready to give demand draft of Rs. 4,10,000/ - in the name of the Court below. It is to show his bonafides, accordingly petitioner may be granted bail.
(2.) LEARNED Public Prosecutor has opposed this bail application so as the learned counsel for the complainant. After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, I consider it just and proper to release the accused -petitioner on bail. Accordingly, the petitioner, namely, Rohitash Kumar S/o Shri Phool Singh be released on bail under Section 439 Cr.P.C. in FIR No. 767/2008 registered at Police Station Vaishali Nagar, Jaipur for offence under Sections 420, 467, 468, 471 & 120 -B of IPC provided, he furnishes a personal bond in the sum of Rs. 40,000/ - together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. The petitioner may be released on bail subject to furnishing a demand draft of Rs. 4,10,000/ - in the name of the Court below and amount may then be kept in Fixed Deposit with the nationalized bank during the period of trial. The amount may then be disbursed subject to final outcome of the trial or if the matter is settled in between.;